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GAO reviewed the Department of the Interior, Fish and Wildlife Service's new rule on migratory bird hunting. GAO found that (1) the rule would prescribe special early season migratory bird hunting regulations for certain tribes on federal Indian reservations, off-reservation trust lands, and ceded lands; and (2) the Fish and Wildlife Service complied with all applicable requirements in promulgating the rule.

Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the
2003-04 Early Season, GAO-03-1149R, September 12, 2003

B-292775

September 12, 2003

The Honorable James M. Inhofe
Chairman
The Honorable James M. Jeffords
Ranking Minority Member
Committee on Environment and Public Works
United States Senate

Subject:Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal
Indian Reservations and Ceded Lands for the 2003-04 Early Season

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of the
Interior, Fish and Wildlife Service (Service), entitled Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2003-04
Early Season (RIN: 1018-AI93). We received the rule on August 28, 2003. It was published in the Federal Register as a final rule on August 29, 2003. 68 Fed. Reg. 51919.

The final rule prescribes special early season migratory bird hunting regulations for certain tribes on federal Indian reservations, off-reservation trust lands, and ceded lands.

Enclosed is our assessment of the Services compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review
indicates that the Service complied with the applicable requirements.

If you have any questions about this report, please contact James W. Vickers, Assistant General Counsel, at (202) 512-8210. The official responsible for GAO evaluation work relating to the
subject matter of the rule is Robert Robinson, Managing Director, Natural Resources and Environment. Mr. Robinson can be reached at (202) 512-3841.

signed

Kathleen E. Wannisky
Managing Associate General Counsel

Enclosure

cc: Craig Manson
Assistant Secretary for Fish and
Wildlife and Parks
Department of the Interior

ENCLOSURE

ANALYSIS UNDER 5 U.S.C. 801(a)(1)(B)(i)-(iv) OF A MAJOR RULE
ISSUED BY THE
DEPARTMENT OF THE INTERIOR,
FISH AND WILDLIFE SERVICE
ENTITLED
"MIGRATORY BIRD HUNTING; MIGRATORY BIRD HUNTING REGULATIONS
ON CERTAIN FEDERAL INDIAN RESERVATIONS AND
CEDED LANDS FOR THE 2003-04 EARLY SEASON"
(RIN: 1018-AI93)

(i) Cost-benefit analysis
The migratory bird hunting regulations (of which this final rule is a part) collectively have an expected welfare benefit of $50 million to $192 million.

(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. 603-605, 607, and 609
The Services compliance with the Regulatory Flexibility Act consisted of a Small Entity Flexibility Analysis based on the 1996 National Hunting and Fishing Survey issued in
1998. The survey is updated on a 5-year basis. It appears that the analysis was limited because the regulations impact is primarily beneficial to a very substantial
number of small entities. The survey estimated that bird hunters would spend between $4329 million and $1.084 billion at small businesses in 2003.

(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532-1535
The final rule does not impose either an intergovernmental or private sector mandate, as defined in title II, of more than $100 million in any one year.

The final rule was published using the notice and comment procedures contained at 5 U.S.C. 553. On August 8, 2003, the Service published a Notice of Proposed Rulemaking in the Federal
Register. 68 Fed. Reg. 47424. The Service responds to the comments received in the preamble to the final rule.

Paperwork Reduction Act, 44 U.S.C. 3501-3520

The Service states that it uses various information collection requirements to develop future migratory game bird hunting regulations. The information requirements of the Migratory Bird
Harvest Information Programs have been approved by the Office of Management and Budget (OMB) and assigned Control No. 1018-0015, expiration date of October 31, 2004. OMB has also approved
the Sandhill Crane Harvest Questionnaire, Control No. 1018-0023, with an expiration date of October 31, 2004.